Los "Términos de uso" son importantes y rigen el uso que usted hace de este sitio. Si usted está en desacuerdo con alguno de los Términos, entonces debe salir de este sitio web y no debe usarlo.

If you do not agree and accept to be bound by and comply with these Terms of Use, please do not visit or use any of the site or its pages. You are responsible for regularly reviewing this document which may be seen at http://www.encinitascarlsbad.com/page.cfm?page=TermsofUse .

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION ON THESE SITES IS AT YOUR SOLE RISK

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARGARET AND JOHN HOKKANEN, THEIR AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS THE "SITE OWNERS") MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION.

THE HOME LISTING INFORMATION HAS BEEN SUPPLIED FROM THE MLS AND REPRODUCED AS IT WAS PROVIDED TO THE SITE OWNERS. SITE USERS MAY NOT HOLD SITE OWNERS RESPONSIBLE FOR ANY ERRORS OF FACT, MEASUREMENT, MISREPRESENTATION, IMPROPER OR ILLEGAL STATEMENTS OF ANY KIND DISCOVERED IN THE LISTING INFORMATION AND REMARKS/DESCRIPTION/SUPPLEMENT.

THE SITE OWNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE SITE OWNERS SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OF OR RELIANCE UPON SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

In order for you to access certain services and information, the site will require that you provide specific information about yourself ("User Information"). If you choose to participate in such services and access such information, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Finally, you agree to provide ONLY non-confidential information whose loss or theft will NOT cause you any damage. If the site requires information that you deem confidential or whose loss could cause you harm, you agree that you will not submit such information or request access to these other services.

You agree to maintain the confidentiality of any registration, account information, and passwords, and you agree to contact Site Owners as specified below if you believe or know that the security of any particular account has been compromised.

The Site Owners reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process, or governmental or law enforcement request.

The Site Owners reserve the right at all times to disclose any User Information to employees, agents, technical personnel, business affiliates and business partners.

This site has been developed to educate consumers about the San Diego County real estate market. The intended audience is the consumer and not commercial businesses, including, but not limited to real estate professionals, licensed agents and licensed brokers.

REAL ESTATE SALESPEOPLE, REALTORS, AGENTS, BROKERS, OR OTHER RELATED PROFESSIONALS, LICENSED OR UNLICENSED (AND THEIR IMMEDIATE FAMILY MEMBERS) ARE EXPRESSLY PROHIBITED FROM CREATING A REGISTERED ACCOUNT WITHOUT OBTAINING, IN ADVANCE, WRITTEN PERMISSION FROM THE SITE OWNERS OR THEIR AUTHORIZED AGENTS. SOME SUPPLIERS OF DATA PERMIT THE DISTRIBUTION OF INFORMATION ONLY TO
CONSUMERS FOR PERSONAL, NON-COMMERCIAL USE. BECAUSE OF THE RISK THAT A PROFESSIONAL'S USE MAY BE FOR PROFESSIONAL REASONS, WE MUST EXPRESSLY PROHIBIT ANY PERSON WHO COMES WITHIN THE TERMS OF THIS PARAGRAPH FROM CREATING A REGISTERED ACCOUNT OR USING ANOTHER USER'S VALID ACCOUNT. THE PROHIBITION ON FAMILY MEMBERS SIMPLY RECOGNIZES THAT THE AGENT CAN AND WOULD WORK WITH THE FAMILY MEMBER TO PROVIDE WHATEVER REAL ESTATE INFORMATION IS NEEDED.

IF YOU ARE A NON-LICENSED CONSUMER, BUT YOU ALREADY HAVE A REAL ESTATE AGENT, THEN YOU MAY NOT USE THE WEB SITE AS AN ANONYMOUS OR REGISTERED USER. THIS IS BECAUSE THE SITE OWNERS HAVE AN ETHICAL OBLIGATION TO AVOID SOLICITING BUSINESS FROM OTHER REALTORS' CLIENTS, AND YOUR USE OF THE SITE INVITES US TO SOLICIT YOUR BUSINESS.
PLEASE NOTE: WE HAVE AN ACCEPTED METHOD FOR BYPASSING THE "OTHER REALTOR" EXCLUSION; PLEASE HAVE YOUR CURRENT REAL ESTATE AGENT CONTACT US WITH A REQUEST FOR ACCESS.

ANY VIOLATION OF THIS AGREEMENT OR PROHIBITED USE OF THIS SITE MAY RESULT IN THIS SITE, ITS OWNERS, OR AGENTS IN PURSUING ANY REMEDY AVAILABLE AT LAW OR EQUITY AND MAY ALSO INCLUDE IMMEDIATE TERMINATION OF ACCESS. SUCH BEHAVIOR MAY ALSO BE REPORTED TO THE CALIFORNIA

ANY VIOLATION OF THIS AGREEMENT OR PROHIBITED USE OF THIS SITE MAY RESULT IN THIS SITE, ITS OWNERS, OR AGENTS IN PURSUING ANY REMEDY AVAILABLE AT LAW OR EQUITY AND MAY ALSO INCLUDE IMMEDIATE TERMINATION OF ACCESS. SUCH BEHAVIOR MAY ALSO BE REPORTED TO THE CALIFORNIA DEPARTMENT OF REAL ESTATE FOR THEIR REVIEW.

The Site Owners reserve the right at all times to deny access to or use of the site by any person, registered user, range of "IP Addresses", company, or any collection of the foregoing. The right to deny access shall lie within the sole discretion of Site Owners as they determine appropriate.

PLEASE NOTE: THE SITE OWNERS USUALLY DEEM RUDE, NASTY, OR SIMILAR COMMUNICATION AS GROUNDS FOR A COMPLETE DENIAL OF ACCESS TO THE SITE. It may be hard to believe, but we have received some incredibly rude emails and/or phone calls from time to time. We always try to be civil to everyone even when we are having a bad day, and we ask only for the same courtesy. If someone is prone to being rude or obnoxious on Internet sites, it's OK with us (philosphically speaking), but this isn't a social site--it's being run to provide consumers with quality info for for business reasons--and, therefore, we usually expel such visitors. (So, let's have some fun with the real estate info, and feel free to call us with your questions and comments.)

If you request articles, documents, listing information, or anything else provided by the site or if you register at this site, you agree in advance to the following: 1) that the Site Owners or anyone designated by them may contact you by any communication means including, but not limited to, email, phone, fax, etc.; and 2) that your prior or subsequent placement on a "Do Not Call" list has no effect with respect to such communication and that your use of the site is an invitation for communication; and 3) that your sole remedy for stopping any contact is to terminate any account by contacting the Site Owners as specified at the end of this document.

Any request for a termination of communication may be treated as a request by you for the Site Owners to place you in a "No Access List" in a firewall or other protective technologies regulating access to the Site.

IN NO EVENT SHALL THIS SITE BE LIABLE TO ANY USER OF SUCH SERVICES OR INFORMATION TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF THIS SITE OR ANY THIRD PARTY IN RELIANCE UNPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY INFORMATION OR SERVICE ON THIS SITE IS TO STOP USING THIS SITE OR INFORMATION OR SERVICE ON IT.

At any time, this site may offer services by third parties or provide links their sites or information about them. You acknowledge that by permitting such services, information, and links on this site, this site is acting as a passive conduit for the transmission of any information related to such services that you submit to this site. In order for this site to distribute your information and facilitate contacts between you and such third parties, you hereby grant this site permission to disclose any and all of the information that you provide to any such third party that this site, in its sole discretion, deems relevant and appropriate.

You are solely responsible for any transaction between you and any third party, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses.

You also agree that you will not submit a request for a third party service through this site unless you intend, in good faith, to contract with such third party for the use of such service.

This site is not and will not be responsible for 1) the terms and conditions of any transaction between you and any third party; 2) any insufficiency of or problems with any such third party's background, insurance, credit, or licensing; or 3) the quality of services or information provided by any such third party or any other legal liability arising out of or related to your interaction with the third party. In the event that you have a dispute with any such third party, you release this site from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

This Agreement and your use of this site is governed by the laws of the State of California, U.S.A. You consent to the exclusive jurisdiction and venue of courts sitting in California, San Diego County, and/or the relevant Federal district within which it lies in all disputes arising out of or relating to the use of this site. Use of these sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

If any part of this Agreement is determined to be invalid or unenfoceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original Agreement and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and this site with respect to the this site and it supersedes all prior or contemporaneous communications and proposals, whether in electronic, or or written, between you and anyone associated with Site Owners with respect to the site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES SUPPLIED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER DATA ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE SITE OWNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. YOU ALSO ACKNOWLEDGE THAT THIS SITE DOES NOT CONTROL THE INTERNET AND THE INTERNET MAY EXPERIENCE DELAYS AND OUTAGES THAT MAY AFFECT YOUR USE OF THE SITE. YOU ALSO ACKNOWLEDGE THAT TECHNOLOGY CAN FAIL OR THAT THE SITE MAY NEED TO BE BROUGHT OFFLINE FOR MAINTENANCE PURPOSES OR THAT THE SITE MAY SIMPLY BE UNAVAILABLE.

IN NO EVENT SHALL THE SITE OWNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR ITS RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SITE OWNERS HAVE BEEN ADVISED OF THE PROBLEMS, ERRORS, OR POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL SITE OWNERS BE LIABLE TO USERS FOR ANY ALLEGED VIOLATION OF STATE OR FEDERAL LAW DUE TO THE REPLICATION OF MLS HOME LISTING INFORMATION AND REMARKS/DESCRIPTION/SUPPLEMENT. TO THE EXTENT THAT ERRONEOUS, IMPROPER, OR ILLEGAL STATEMENTS HAVE BEEN ENTERED INTO THE MLS INFORMATION, USERS UNDERSTAND THAT SITE OWNERS DID NOT CREATE THIS INFORMATION AND THAT SITE OWNERS ARE UNDER AN OBLIGATION TO REPRODUCE IT AS IT WAS PROVIDED TO THEM. USERS' SOLE REMEDY IS TO REPORT SUCH ERRORS OR IMPROPER/ILLEGAL STATEMENTS TO SITE OWNERS SO THAT SITE OWNERS MAY INVESTIGATE AND REMEDIATE ERRORS TO THE EXTENT PRACTICABLE UNDER THE TERMS OF THEIR LICENSING AGREEMENTS.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

You agree to indemnify, defend and hold harmless the site owners, operators, affiliates, and partners from any liability, loss, claim and expense, including attorneys' fees) related to your violation of this agreement.

Written correspondence with respect to this site may be directed to:

John Hokkanen, Esq., 535 Gardendale Road, Encinitas, CA 92024.

Email correspondence with respect to this site may be directed to .legal.@.surftheturf.com. (please remove/ignore dots except the .com).